Terms and conditions of mobility services
1. Preliminary Provisions
These Terms and Conditions of Mobility Services (the “Terms and Conditions”) constitute a contract between you (“User”) and UnipolTech S.p.A. (“UnipolTech”), owner of the rights to the UnipolMove digital channels, and establish the Terms and Conditions of use of the UnipolTech system connection service for accessing, paying for and providing the services offered by UnipolTech in the mobility field (collectively, the “Services”). Acceptance of the following Terms and Conditions is a necessary condition for the use of the Services.
The User acknowledges that the Services do not constitute a financial service as defined in Article 67 ter, letter b) of Italian Legislative Decree No. 206 of 6 September 2005 (“Consumer Code”). The User further acknowledges that the Services do not constitute a payment service as defined in Article 1, paragraph 1, letter b) of Italian Legislative Decree No. 11 of 27 January 2010.
The User acknowledges and accepts that UnipolTech makes use of third party partners (“Partners”) in the provision of the Services, which it reserves the right to add or remove at its own discretion with reference to each single activated service. The User also authorises UnipolTech to carry out transactions allowing payment arrangements for the activated services, either by collection to UnipolTech’s current account or to Partners’ current accounts. Even in the event that the collection is made directly to UnipolTech’s current account, the User’s payment shall be understood to be as full payment, and the User is therefore released from all payment obligations towards the Service provider, the ultimate beneficiary of the payment.
2. Registration and Access to Services
Access to the Services may take place following the User’s registration through the UnipolMove application for smartphones (the App) or through the website (the Website). For the purposes of subscribing to the Services, the User shall provide UnipolTech with his/her personal and contact details which are correct and truthful, as well as the current account IBAN in the case of an electronic payment contract. In order to be able to pay and use the Services, the User must have an account on the App/Site (the “Account”) and register one or more payment instruments.
The User must keep up to date at all times his/her personal data entered in the App/Site, such as e-mail address, mobile phone number, payment method information and/or any other information that is relevant for payment. Should the data prove to be out of date (e.g. inability to send e-mails, mobile phone number out of date), UnipolTech may temporarily suspend access to the Services, in the interest of the User, immediately notifying him/her of the blocking for other communication channels, until the relevant data has been updated, and in any case it shall not be held responsible for any failure to notify the User.
UnipolTech declines all responsibility for errors made by the User when entering data.
3. Payment Instruments
At the time of registration or at any time thereafter, the User may enter/select a method of payment with which to pay for the individual services used. Users may remove a payment instrument associated with their Account at any time by accessing the appropriate section of the App/Site.
If the User is unable, for any reason, to access one of the payment methods provided in the App, it remains the User’s obligation to make payment by other means. This obligation remains even if the User’s mobile phone does not work, has a dead battery, or the User’s telephone operator is responsible for the inefficiency.
It is the User’s responsibility to check and ensure that the credit card registered in connection with the use of the Service is valid, not blocked and that the relevant payment is successful. In cases where it is not possible to charge said credit card, UnipolTech will have the right to demand payment directly from the User. It is also the User’s responsibility to update any new credit card information.
4. Services Provided
4.1. Parking facilities
Through the Parking Facilities service, the User can make use of the booking, access and payment service via the App of a series of affiliated Car Parks (the “Car Parks”), indicated in the App and constantly updated.
4.1.2. Using the booking service
a) The User can reserve a Parking space in the Car Parks through the appropriate section of the App. The Parking space will remain reserved for the User for the next 60 minutes from the time of creation of the reservation; b) the User may cancel the reservation within 15 minutes from the time of creation of the reservation without incurring any additional costs; c) the User, regardless of the Car Park and even if he/she changes it, may cancel the reservation up to two times after 15 minutes from the time of creation of the reservation without incurring any additional costs. On the third time, cancellation after 15 minutes from the time of creating the reservation will be possible but will result in the User being charged an immediate and automatic fee of € 1.99; d) If the User modifies the reservation, the Parking Terms as defined in the following article in force in each Car Park at the time of the modification will be applied to the reservation; e) in the event of anomalies in the procedure for using the service, UnipolTech Customer Service may contact the User on the mobile phone number or e-mail address indicated in the Account, to ascertain the cause of the anomaly detected in the use procedure.
4.1.3. Parking Terms
a) By using the App to book and/or access the facilities, the User accepts the Terms and Conditions of the chosen Car Park for the use of the Parking space (hereinafter “Parking Conditions”), which can be consulted at the Car Park itself or on the App/Website, and by entering a Car Park the User declares to know and accept them;
b) the duration of the Parking period within the Car Park starts when the User, interacting with the App, accesses the Car Park and ends when the User leaves the facility;
c) the User can, at any time during the stop, be updated via the App on the Parking time already elapsed up to that moment. At the end of the Parking period, the User, via the App, will be able to check the total and final duration of the Parking period inside the Car Park and the cost charged;
d) all rights and obligations arising from the Parking Terms relate exclusively to the relationship between the User and the Car Park.
a) In order to be able to use the service, the User must select a payment method from those enabled and enter the required data; b) Payment for the Parking at the Car Park will be made at the end of the Parking period by charging the total cost via the payment method selected by the User; c) The User must ensure that the payment system selected always has sufficient funds. If a payment is not successful due to the User’s lack of funds or for other reasons attributable to the User or to the payment systems used by the User, the User will pay the price directly to the operator of the chosen Car Park, in addition to any additional costs charged by the bank for handling the debit attempt; d) the User must be in possession of a valid payment document in order to leave the Car Park; e) once the payment has been made, the User will have 15 minutes to leave the Car Park. If the User pays for the Parking and does not leave the Car Park within the aforementioned time limit, he/she will be liable to pay for the additional Parking time enjoyed (hour or fraction thereof, according to the Parking rates in force).
a) There are no additional costs for the User for the service provided by UnipolTech; b) The rates applied for Parking and services offered are those charged by each Car Park and can be viewed by the User through the App; c) The hours for payment will be counted with a margin of 5 minutes (for example: the first hour runs from the first to the 65th minute of Parking, the second hour runs from the 66th minute to the 125th minute, the third hour runs from the 126th minute to the 185th minute, etc.), up to the daily maximum provided by each Car Park; d) If the User modifies the reservation, the latter will be applied to the rates in force in each Car Park at the time of the modification, up to the daily maximum provided by each Car Park; d) if the User modifies a booking, the rates in force in each Car Park at the time of the modification will be applied to the latter, even if they have been increased compared to those applied to the initial booking.
4.1.6. User’s obligations and commitments
The User must: a) maintain diligent and prudent behaviour inside the Car Park and in particular comply with the provisions contained in these Terms and Conditions and comply with the Parking Terms, as well as the road traffic regulations; b) take all precautions to avoid damage to movable and immovable property, persons and animals present in the Car Park; c) pay the sums due for the Parking carried out.
4.1.7. UnipolTech limitations of liability
UnipolTech is not liable for the damage and/or loss and/or theft of goods (even of value) of the User or third parties introduced inside the Car Park during the use of the Service.
UnipolTech will not be liable for any failure to update or the presence of any errors in the information in the App or on the Website relating to rates, Parking Terms and opening hours of the Car Parks, as this information is provided by the Car Parks themselves.
With the Refuelling service, the User can use the App to pay for refuelling at the Partners’ authorised stations, which are indicated in the App and are constantly updated. The User can search the interactive map for the nearest one and, after checking he or she is in the authorised facility, by positioning himself or herself in the self-service dispensing lane, he or she can select the chosen dispenser in the App.
Subsequently, the User can choose in the App the fixed amount or the “Full” selection and make the payment (pre-authorisation). After successful payment, the chosen dispenser is unlocked and refuelling is possible. The fuel price is the one charged by the chosen petrol station; and from the App it will be possible to select the desired refuelling amount only.
Operations relating to the use of the payment service with the Refuelling App are carried out at no additional cost on top of the fuel itself.
UnipolTech will not be liable to the User for any refusal to supply fuel by the service station as well as for any fraud, negligence, default, omission or wilful or culpable behaviour on the part of the service station operators or their employees.
Here are the operational details of the service: a) The User must start the App and select the provider from the list provided. The list of dispensers is only visible if the User’s position is recognised by the App and coincides with that of the chosen station; b) the User must choose the amount of the refuelling from those proposed by the App or enter an amount of his/her choosing. Alternatively, it is possible to fill up the tank by selecting the appropriate item on the App; c) upon confirmation, a pre-authorisation of the amount chosen for refuelling is carried out on the credit or prepaid card inserted by the User within the App. The pre-authorisation of the amount will be managed by the independent entity that manages credit card authorisations; d) The User may request pre-authorisation of a minimum amount of fuel equal to €5.00 (five/00 euros) up to a maximum amount of €100.00 (one hundred/00 euros). It is possible to dispense a maximum amount of fuel equal to the amount chosen for refuelling and therefore pre-authorised (€100.00 in the event that the User chooses “full tank”); e) the dispenser is only enabled for refuelling in the event that the pre-authorisation of the amount chosen by the User is successful. The App informs the User when he/she may start refuelling, so the User can start refuelling by pulling the nozzle from the dispenser. In the event of failure to refuel, the pre-authorisation made on the User’s payment card will be automatically cancelled by the system and the amount will be made available again in accordance with the timeframe provided by the bank or financial institution issuing the credit card; f) in the event of failure to pre-authorise the amount chosen by the User, the refuelling cannot be carried out. The User must then pay by means of the cash machines on the forecourt of the service station or by any other means accepted on site. In this case no amount will be charged to the payment card associated with the User’s profile within the App; g) at the end of refuelling, the User must reattach the nozzle to the dispenser. Only after hanging up will he/she receive a digital receipt that can be viewed on the App. The amount debited from the User’s payment card will be equal to the amount of fuel actually dispensed (amount displayed on the dispenser at the end of the refuelling), and may therefore not coincide with the pre-authorised amount (but may never exceed it). Therefore, in the event of a momentary mismatch between the App’s system and the Partner’s management system, the User will receive an information message on the App in which detailed information about the status of the transaction will be communicated.
4.3. Blue-stroped Parking spaces
By accepting these Terms and Conditions, the User has access to the service for paying for Parking directly from the App thanks to UnipolTech’s collaboration with a Partner, MyCicero, in the municipalities that have an agreement in place (which can be consulted on the App itself and are always updated).
If the relevant Parking concession/management company and/or the competent municipal authorities so request, use of the Service is conditional on the placement of a MyCicero sticker or tag on the vehicle windscreen. The coupon is sent by e-mail to the User to be displayed on the windscreen of the vehicle for verification by the competent authorities.
The User, in using the Blue Strip Parking service, undertakes to respect and comply with the applicable rules and regulations within each municipality or issued by the concessionary companies.
It is in any case the User’s responsibility to verify the correct activation of the App payment service for Parking witihn blue lines. In particular, the User is obliged to check the presence of the activation confirmation for each payment on the App screen itself.
It is also the User’s responsibility to verify that he/she has activated the service in relation to the correct vehicle, identified with the exact number plate and the corresponding Parking tariff zone. The User acknowledges that UnipolTech is extraneous to the relationship that binds him/her to the municipality with respect to the chosen Parking area or to the Parking management companies themselves. The management of any disputes arising between the User and the competent authorities in relation to the payment of the Parking, involving an administrative penalty, shall be handled directly between the User and the competent authorities, excluding any involvement of UnipolTech.
UnipolTech will not be liable for any damage or loss if a dealer or municipal authorities do not accept UnipolTech as a means of payment or the User has entered an incorrect area code at the start of the Parking period, even if the code was entered manually or presented by the application based on GPS position.
Below are the operational details: a) to be able to use the Blue Stripes Parking service, the User must, before Parking on the blue stripes, enter all the data in the App and select a payment method from those enabled; b) once the presumed duration of the Parking time has been selected, a pre-authorisation for the selected amount will be made on the chosen payment instrument. Payment for the Parking will be made at the end of the Parking period by charging the total cost via the payment method selected by the User; c) the User must ensure that the payment system selected always has sufficient funds. If, due to the User’s unavailability of funds or for other reasons attributable to the User or to the payment systems used by the User, the payment is not successful, the User shall be liable for and shall pay the price thereafter, in addition to any additional costs charged by the bank for handling the debit attempt or for recovering the amounts.
The use of the Blue Stripe Parking Service does not entail any additional cost for the User over and above the cost of Parking itself for the specific area selected.
4.4. Road Tax and other payments
By means of the “Road Tax and other payments” payment service, the User will be able to make the payment of Road Tax and all other payments enabled therein independently through UnipolTech Partner platforms.
For the regulation and discipline of this service, please refer to the Terms and Conditions of PayTipper, partner of UnipolTech, which can be consulted at the following link, and which must be accepted by the User in order to use the service.
4.5. UnipolMove electronic toll collection
UnipolMove is UnipolTech’s Electronic Toll Service.
The User, by means of his/her Account, may purchase, subject to a positive assessment of his/her creditworthiness carried out by UnipolTech, the service by signing the application form and a contract, which governs it in its entirety and to which we fully refer you.
4.6. Area C in Milan
By accepting these Terms and Conditions, the User accepts the Terms and Conditions of the payment service for the amounts due by the User for accesses made with his/her vehicle, whose number plate has been previously matched to the UnipolMove Electronic Toll Service device, in Area C of the Municipality of Milan (Area C Service).
Payment for the Area C Service will be made by direct debit from the bank account indicated by the User for the UnipolMove Electronic Toll Service, under the same terms and debit frequency accepted for payment of the UnipolMove Electronic Toll Service.
Users can sign up for the Milan Area C Service if they already have the UnipolMove Electronic Toll Service active and only for the vehicle registration number paired with the device used for the Electronic Toll Service.
Users who can enable the Area C Service are only those who:
- have signed a contract with UnipolTech for the UnipolMove Electronic Toll Service and who have this service active;
- are in possession of an Italian-registered vehicle that complies with the requirements of the Municipality of Milan for access to Area C in force from time to time (as set out and available on the website www.areac.it); the assessment of the compliance with these requirements is left to the User;
- have matched the number plate of the vehicle referred to in the previous point to the device used for the UnipolMove Electronic Toll Service.
Once the User’s request to take advantage of the Area C Service has been successful, it will be activated, starting from the day before the day on which the request was made; this will result in the recovery, through the systems of the Municipality of Milan, which also makes use of the local transport company ATM, of all transits made from 00:00 hours of the calendar day before the day on which the request was sent, which, if unpaid, will be charged to the User.
Accesses to Area C of Milan are detected by means of an optical number plate reading system of the Municipality of Milan, which carries out checks on the fulfilment of entry requirements to Area C of Milan and charges fines in the event of non-compliance with the relevant regulations. The mere linking of the vehicle’s number plate to the device used for the UnipolMove Service, in order to use the Area C Service, does not exempt the User from fines in the event of failure to comply with the Area C access requirements issued by the Municipality of Milan.
If the User changes the number plate of the vehicle associated with the UnipolMove Electronic Toll Service device, the User must disable the Area C Service on the old number plate in accordance with the procedure indicated in the communication that UnipolTech sends to the Customer when changing the UnipolMove Electronic Toll Service number plate, and if the Area C Service is still of interest to him/her, the User must enable the Area C Service on the new number plate.
By using the service, the User declares that he/she is familiar with the access rules, fees and technical requirements of vehicles required by the Municipality of Milan for access to Area C. The elaboration and application of the charge, as well as any discounts, are the exclusive responsibility of the Municipality of Milan and the User must request any discounted charges directly on the Area C portal of the Municipality of Milan. Any error in the application of the charge must be disputed directly with the Municipality of Milan, with UnipolTech not bieng liable with regard to any incorrect application of the charges and/or any other dispute that may arise between the User and the Municipality of Milan.
The User is aware that the Service is provided by the Municipality of Milan and that the access detection system is carried out by the ATM transport company on behalf of the Municipality of Milan. UnipolTech is extraneous to any dispute arising between them and the User.
The Area C Service does not entail any additional charges for the User on the UnipolMove Electronic Toll Service fee.
The User has the possibility to enable and disable the Area C Service at any time through his/her Account, at no additional cost and without any termination of the contract signed with UnipolTech for the UnipolMove Service. The request will then become effective according to the timetable set by the Municipality of Milan and it will be the User’s responsibility and care to verify it.
The Area C Service is configured as an additional service connected to the device used for the UnipolMove Electronic Toll Service, and therefore has the same duration as the latter. Termination or cessation, for any reason whatsoever, of the contract with UnipolTech for the UnipolMove Service shall also entail termination or cessation of the Area C Service contract.
4.7 Parking spaces with number plate reading
By accepting these Terms and Conditions, the User accepts the Terms and Conditions of the payment service of the amounts due by the User for accesses made with his/her vehicle, whose number plate has been previously matched to the UnipolMove Electronic Toll Service device, at Car Parks with optical number plate reading (Car Parks with number plate reading). The map of Car Parks that allow access with machine-readable number plates can be consulted on the App, which is always up to date.
Payment for the Parking spaces with number plate reading service will be made by direct debit from the bank account indicated by the User for the UnipolMove Electronic Toll Service, under the same terms and debit frequency accepted for payment of the UnipolMove Electronic Toll Service.
Users can sign up for the Parking spaces with license plate reading service if they already have the UnipolMove Electronic Toll Service active and only for the vehicle registration number paired with the device used for the Electronic Toll Service.
The User is aware and accepts that all of the provisions set forth in Section 4.1 on Parking Facilities also apply to this service, with the exception of the methods of access and payment for the service, as regulated herein.
Users who can enable the Parking Places with Number Plate Reading are only those who:
- have signed a contract with UnipolTech for the UnipolMove Electronic Toll Service and who have this service active;
- have matched the number plate of the vehicle referred to in the previous point to the device used for the UnipolMove Electronic Toll Service.
The Car Parks with Number Plate Reading, once the User’s request to benefit from it has been successful, will be active as of the service activation confirmation communication.
By activating the service, the Customer declares that he/she is aware of and complies with the access requirements and rules of use required by the affiliated facilities in force from time to time (as set out and consulted at the individual facilities, to whose regulations reference is made); compliance with these requirements and rules is the responsibility of the User.
If the User changes the number plate of the vehicle associated with the UnipolMove Electronic Toll Service device, he/she must disable the Parking with License Plate Reader on the old number plate, in accordance with the procedure indicated in the communication sent by UnipolTech to the Customer when changing the UnipolMove Electronic Toll Service number plate, and if the Parking with License Plate Reader service is still of interest to the User, the User must enable it on the new number plate.
By subscribing to the service, the User declares that he/she is familiar with the access rules, charges and technical requirements of vehicles required by the partner facilities for access to the Car Parks. The charges, as well as any discounts, are the sole responsibility of the partner facilities. Any error in the application of the charge shall be contested directly to the partner facility involved, with UnipolTech not being liable in respect of any misapplication of the charges and/or any other dispute that may arise between the User and the partner facility.
The Parking with Number Plate Reading service does not entail any additional charges for the User on the UnipolMove Electronic Toll Service fee.
The User has the possibility to enable and disable the Parking with Number Plate Reading service at any time through his/her Account, at no additional cost and without any termination of the contract signed with UnipolTech for the UnipolMove Service. The request will then take effect according to the timetable of the partner facilities and it is the User’s responsibility to verify it.
The Parking Plate Reader Service is an additional service connected to the device used for the UnipolMove Electronic Toll Service, and therefore has the same duration as the latter. Termination or cessation, for any reason whatsoever, of the contract with UnipolTech for the UnipolMove Service shall also entail termination or cessation of the Parking Plate Reader Service contract.
5. GENERAL PROVISIONS TO ALL THE INDIVIDUAL SERVICES DESCRIBED ABOVE
5.1. Verification of individual operations
The details of the individual operations carried out by the User will be available in real time on the App.
The User will be given the possibility of accessing and printing out a periodic statement of said transactions at any time; information relating to individual transactions will be retained in the Account for a period of twelve (12) months after the execution of each transaction.
5.2. Payment receipt
At the end of each purchase, a digital receipt will be issued, and which can be viewed on the App and summarises to the User the details of the transactions made, the details of the costs incurred and the relevant VAT regime applied. UnipolTech will in any event not be liable for errors made by Partners in the invoicing of amounts and/or in the provision of Customer details.
5.3. Updating the App
The App may be updated over time. The User is obliged to always use the latest version of the App.
5.4. Unauthorised use of the service
The User shall be liable for all uses of the Services, including uses made from his/her Account that are not authorised by him/her. In order to minimise potential damage, the User undertakes to promptly report incorrect and/or unauthorised use of his/her Account.
5.5. Amendments to the Terms and Conditions
The User acknowledges and accepts that UnipolTech reserves the right to unilaterally modify the Terms and Conditions in relation to the advent of new technologies, new smartphones, new technical or administrative procedures, new IT security practices that may be used for the fruition of the Services or in order to add new services and/or Partners, as well as modify the Partners and Services already active. In the event that the User does not intend to accept the application of the Terms and Conditions as modified, he/she shall within thirty (30) days provide for withdrawal by means of communication to UnipolTech at the following address [•]; failing which the aforesaid amendments shall be deemed to have been accepted.
5.6. Withdrawal and termination
Joining the Service through the App or through another distance communication channel constitutes the signing of a “distance contract” within the meaning of the Consumer Code. In such cases, the User, who according to the Consumer Code is a Consumer, may exercise, as provided by Art. 52 of the aforementioned Code, the right of withdrawal, by notifying UnipolTech at the following address email@example.com, without any penalty, without having to provide any reason and without having to incur any costs other than those provided for in Article 56, paragraph 2, and Article 57 of the Consumer Code, within 14 (fourteen) days from the date of provision of one of the individual Services unless, with the express acceptance of the Consumer himself, the Service has already been performed.
In any case, the User may at any time withdraw from the Services by deactivating his/her Account, following the instructions on the App/Website.
Instead, Cambiomarcia may terminate the Services by giving 30 (thirty) days’ notice.
UnipolTech also has the right to terminate the relationship with the User and the Services with immediate effect in accordance with Art. 1456 of the Civil Code in the event that:
- the User is in default of its payment obligations;
- the User uses the Service in violation of these Terms and Conditions and fraudulently compromises the security of the Services rendered or the computer systems used to render them.
5.7. Processing of personal data
5.8. Using the App safely
The App must be used in compliance with the security regulations applicable to the specific use of the App. In particular, the User shall use the App exclusively at affiliated and authorised facilities. Furthermore, the User expressly undertakes not to use the App while driving, releasing UnipolTech from any liability arising therefrom.
5.9. Operation of services
The Services are generally available 24 hours a day, with the exclusion of time intervals required for planned interruptions, updates, modifications and maintenance of UnipolTech’s IT infrastructure. The User acknowledges that any technical malfunctions, temporary technical suspensions of the Services cannot be excluded a priori. UnipolTech will not be liable for damages or losses resulting from such malfunctioning or interruption of the Services.
5.10. Intellectual property
All intellectual property rights (including, but not limited to, those relating to computer programs, source codes and algorithms) of UnipolMove and those relating to its Services are owned by, or licensed to, UnipolTech. These rights are in no way to be regarded as licensed or transferred in any way to the User, who is not entitled to use them for commercial purposes. In particular, the User has no right to copy, distribute, sell, publish, transfer, lend, license, modify or otherwise dispose of UnipolMove content and services.
5.11. Complaints and investigation
Any User wishing to lodge a complaint must notify the Customer Service (firstname.lastname@example.org) no later than sixty (60) days from the date on which the details of the transaction in question were made available online to the User in his/her Account. As part of the complaint, the User must indicate the nature of the irregularities found; failing this, the complaint will be deemed not to have been submitted. Upon the legitimate submission of a complaint, UnipolTech will conduct a technical investigation in order to verify the presence of irregularities. Complaints related to incorrect Parking or transport costs will, however, be handled by the relevant companies, which will still have the right to express a final opinion on the merits of the complaint. UnipolTech will inform the User of the result of the investigation, giving reasons for its position and informing the User of its findings. This information will be communicated to the User by e-mail or mail to the addresses indicated by the User when registering his/her Account.
5.12. Other provisions
The rights and remedies provided for in these Terms and Conditions are cumulative and in no way exclude the exercise of other rights or remedies provided by law.
The invalidity, nullity or ineffectiveness of any provision of these Terms and Conditions shall have no effect on the validity and effectiveness of the other provisions of the agreement pursuant to Article 1419 of the Civil Code. The contract, or the rights arising from it, may not in any way be transferred to third parties by the User without the express written consent of UnipolTech.
UnipolTech may assign the contract, or the rights deriving therefrom, to its subsidiaries, affiliates or companies under common control at any time and without the need for any communication or acceptance by the User.
5.13. Applicable law and jurisdiction
The relationship between UnipolTech and the User is governed by Italian law, according to which the present Terms and Conditions shall also be construed.
Any dispute arising out of or in connection with the interpretation, performance and/or termination of these Terms and Conditions shall be settled by the Court of Bologna.
If the User is a Consumer within the meaning of the Consumer Code, the court of the place of residence or domicile of the User shall have jurisdiction.